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RESIDENCY PERMITS

Seven residency words that confuse foreigners in Spain

Permanent or long-term residency? NIE or TIE? 'Alta' or 'baja'? There are several common words and terminology to do with residency processes in Spain that get almost everyone in a muddle.

Seven residency words that confuse foreigners in Spain
Confusing residency words for foreigners in Spain. Photo: Mikhail Nilov / Pexels

Tarjeta Permanente and Tarjeta de larga duración

When you become a resident in Spain you will probably get a residency authorisation called residencia temporal (temporary residency), which gives you the right to live in Spain for a period of time which runs more than 90 days to up to five years depending on the authorisation.

You will be able to apply for long-term residency once you have lived in Spain for more than five years legally and continuously.

There are three types of long-term residency cards in Spain: Larga Duración, Larga Duración UE and Permanente.

The terms residencia de larga duración (long-term residency) and residencia permanente (permanent residency) are often used interchangeably – even by Spanish authorities – but they are slightly different.

Both types of residency are technically valid indefinitely. However, the larga duración card is valid for five years and the permanente for ten years. They then have to be renewed, even though your residency status isn’t at risk if you forget to do so or do it late.

Even though they give this indefinite residency status, an absence from Spain for one continuous year can result in losing your larga duración residency, and with the permanente residency the maximum absence is two years. Therefore, neither offer permanent residency no matter the circumstances.

As for the Larga Duración UE residency, they’re still meant for non-EU nationals (as are the two others), even though the name would suggest they award long-term residency status to EU nationals. The main difference this residency status has with the larga duración and permanente is that it technically makes it easier to be accepted to live and work in another EU country. 

READ ALSO – EX-11: How to get your long-term residency card in Spain

NIE and TIE

For years, many Spaniards and foreigners have wrongly referred to the EU green residency certificates (Certificado de Registro de Ciudadano de la Unión) as NIEs.

A NIE is just your Número de Identidad de Extranjero or foreign identity number, which is included on the green residency certificate. There is a document which isn’t a residency certificate and contains the NIE number and is more aptly referred to as NIE, but this is a white document. 

More recently have been confusing the NIE with the TIE as well. The TIE is the Tarjeta de Identidad de Extranjero, the biometric residency card that’s given to third country nationals residing in Spain. The TIE includes the NIE number, but again NIE and TIE are not interchangeable terms.

READ ALSO:

Arraigo

The word arriago simply means ties or roots to something. These type of residency authorisations are issued in exceptional circumstances if you have certain ties to Spain, even though the word arriago on its own doesn’t clearly indicate that.

There are various types of arriago authorisations such as laboral, social or familiar (work, social and family).

READ ALSO – Arraigo: How Spain’s residency under special circumstances works

Régimen Comunitario and Régimen general

No doubt you’ve seen these terms several times if you’ve been looking at residency documents and permission to live in Spain and you’ve more than likely been pretty confused as to what they mean.

Simply put, the Régimen Comunitario refers to the European Union as Spain is part of the ‘community’, so it relates to residency matters covered under EU/EEA/Switzerland rules. Usually, the Spanish residency status of EU nationals and their family members who move to Spain would be dealt with under the Régimen Comunitario.

The Régimen general on the other hand usually covers residency matters of foreigners from third countries that are not EU member states. In this case, it’s Spain’s extranjería (foreign affairs) department that sets the rules, not the EU’s.

Residency authorisations are of course very different for those from EU countries and those who are not. EU/EEA/Swiss nationals fall under the Régimen Comunitario and don’t have to get an authorisation to live and work in Spain, although they do have to register at the Registro Central de Extranjeros (Central Registry of Foreigners) in their first three months in Spain.

Foreigners from third countries do require an authorisation to live and work in Spain, bring over family members, live in Spain with the non lucrative visa and so on, all of which falls under the Régimen General rules.

Darse de alta and darse de baja

Literally these phrases mean ‘give yourself up’ or ‘give yourself down’ but it has nothing to do with ‘giving yourself’ up to the police or anything for that matter.

They actually mean to register or to de-register. You will have likely seen these terms if for example you’re self-employed and are required to darte alta como autónomo, which means to register or sign up to Spain’s freelance system.

Likewise, if you darte de baja on the padrón for example, it means you’re deregistering from the town hall.

These terms can also apply to residency, darse de alta como residente or darse de baja como residente.

READ ALSO: How do I officially give up my Spanish residency?

En trámite

Tramitar or solicitar is the verb you use when you are applying or processing your application, while ‘En trámite’ is the status given when it’s being processed by the authorities.

For example, if you want to check on the status of your application, you will often see the words ‘En trámite’, which means they’re dealing with it but haven’t completed the process yet. At this stage, all you can typically do is wait and see if your outcome is favourable or not.

Modelo

If you have to fill out any type form in Spain you will see this word. It’s usually the word modelo followed by a number such as Modelo 790. Confusingly the word modelo in Spanish doesn’t actually mean form, this should be formulario instead.

But the word is used for all types of documents you’ll have to complete throughout your entire time in Spain, from presenting your taxes to applying for benefits, becoming self-employed and renewing your residency cards. In this scenario, it’s nothing to do with a model or a prototype at all.

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For members

PROPERTY

Q&A: What to do if you buy a property built illegally in Spain

Buying an illegally built property in Spain is fairly common but can have several consequences down the line. Here's what you need to know, how to make it legal, whether you can sell it, and the benefits of doing so.

Q&A: What to do if you buy a property built illegally in Spain

Unfortunately, over the years, many properties have been built illegally in Spain, not adhering to local rules and regulations. Foreigners who don’t know the legislation can easily fall into the trap of buying one of these properties, only to find out later down the line.

Maybe it’s when they come to sell or perhaps it’s when they want to do works or improvements on the property.

There are several reasons a home could have been built illegally in Spain. Firstly, it could have been built on the wrong type of land. This is it could have been built on suelo rústico, rural land where residential properties are prohibited, also called no urbanizable

READ ALSO:

It could have also been built too near the coast. This is down to the Ley de Costas or Coastal Law, which was brought into force in December 1989 in order to protect the costas from overdevelopment and high rises spoiling the landscape. 

The law defines different areas of the beach and dictates which is public land, owned by the state and which parts can be owned privately and built on.

If you buy or own a house in one of these non-buildable zones, there are many problems you could face down the line, often sooner rather than later. This is because there are several rules you have to abide by concerning works, reforms and extensions. In some cases, they may not be allowed at all and everything must be approved first by the local government by providing a detailed project.

Because of coastal erosion, this issue is getting worse as some shoreside homes that were once built outside of these areas are finding that they’re now illegal.

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The house may have also had extensions made to it that were built without a license, meaning that the extra parts are illegal.

Q: How do I know if my home is legal or not?

A: Unfortunately it can be difficult to know if your property is legal or not. You could have bought and signed for it with a notary and it could be inscribed on the Property Registry, but this still doesn’t mean it was built to the correct specification and on the right land.

The only way to truly tell is to find out if your home ever had a Licencia de Primera Ocupación or First Occupation license, also referred to as a Cédula de Habitabilidad or Certificate of Habitability. This means that according to the authorities, it is suitable to live in and has the correct licenses.

READ ALSO: How to get Spain’s certificate of liveability for properties

Q: What happens if my property doesn’t have a habitability certificate?

A: If your property has never had a Certificate of Habitability, you must regularise the legal situation. First you’ll need to start a legalisation file (expediente de legalización) and contact the town hall. Depending on the seriousness of the case (ie. where exactly it was built, if there’s any structural danger, whether the entire property is illegal or just an extension) the cost of making an illegal property legal can be considerable. As such, each case must be studied individually with the help of an expert to determine whether it is even feasible or worth the investment.

The next step is to bring in an architect and check whether the property complies with all the building regulations. If it does, you simply need present the expediente de legalización to your local town hall, who will confirm whether or not the property adheres to building regulations and can be made legal.

If it doesn’t, you’ll need to consider whether it will comply with the regulations after some renovations. If that’s the case, you’ll need to draw up a renovations project document (proyecto de reforma) outlining the proposed changes and how they will adhere to building regulations. It must be presented to the town hall along with your expediente de legalización.

According to law firm Acal, the legalisation process can be broken down into steps as follows:

  • Contact the town hall.
  • Begin with the expediente de legalización when the town hall confirm whether or not the property can be made legal.
  • Pay the corresponding fees and taxes (in this case it will be IBI) depending on your municipality and region.
  • If you need to make renovations, obtain the proyecto de reforma and hire an architect.
  • Obtain a building permit from the town hall.
  • Once completed, register the property in the Land Registry.

READ ALSO: What is Spain’s IBI tax and how do I pay it?

Q: Do I really need to make my property legal?

A: Yes, because it will benefit you in the long run. It doesn’t matter what the previous owner told you when you were originally buying the property, owning a property that isn’t fully legal (or legal at all) can create problems and even lead to fines worth up to 20 percent of the property’s value in extreme cases.

By going through the legalisation process and making the relevant renovations, if necessary, you gain a legal property for all purposes and with all the benefits that entails.

You will not have problems setting up, paying, or cancelling electricity, water or gas utility services. You won’t have to undertake reforms and renovation work unofficially, avoiding the eyes of the authorities. Instead you’ll be able to register your property in the Land Registry, which will make things much easier when you decide to sell it or pass it on.

In terms of selling it, perhaps that is the biggest benefit of legalising your illegal property: by registering it properly, you will be able to benefit from its full value when selling it. When a property is illegal, the appraised value will probably be no more than 40-45 percent of its real value at best.

The renovations needed to get your property in shape to meet the building regulations could be costly, but will they cost you half of the total value of your property? 

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